2009-36RESOLUTION NO. 2009 - 36
A RESOLUTION AUTHORIZING THE SETTLEMENT OF
VILLAGE OF WHEELING V. VILLAGE OF BUFFALO GROVE
COOK COUNTY CASE NO. 07 L 13895
BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION ONE: That in this case, there is a settlement offer pending between the parties for the
Village of Buffalo Grove to pay the amount of Forty- Thousand Dollars 00 1100 ($40,000) to the Village
of Wheeling, for a mutual release, regarding the subject contract between the parties. The Settlement
Agreement attached as Exhibit A is hereby accepted.
SECTION TWO: The Village President is authorized to execute any and all documents necessary to
effectuate the settlement, including but not limited to the attached Settlement and Release.
SECTION THREE: Prior to execution of same, the Village President is authorized to make changes to
the agreement which do not materially change the obligations of the Village thereunder.
SECTION FOUR: This Resolution shall be in full force and effect from and after its passage, approval
and publication as provided by law.
AYES: 6 - Braiman, Glover, Berman, Trilling, Stone, Sussman
NAYS: 0 - None
ABSENT: 0 - None
PASSED: September 21 , 2009.
APPROVED: September 21 , 2009.
APPROVED:
Village President
ATTEST:
Village erk
•
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
VILLAGE OF WHEELING, an
Illinois municipal corporation,
Plaintiff,
V.
VILLAGE OF BUFFALO GROVE, an
Illinois municipal corporation,
Defendant.
Case No. 2007 L 13895
STIPULATION TO DISMISS
It is hereby stipulated and agreed between the Plaintiff VILLAGE OF
WHEELING, and the Defendant VILLAGE OF BUFFALO GROVE, through their
respective counsel, as follows:
It is hereby stipulated and agreed by and between the parties, through their
respective counsel, that Plaintiff's cause be dismissed with prejudice on account of the
settlement thereof, each party to pay his, her or its own costs, and with the Court to retain
jurisdiction for the purposes of enforcing the settlement agreement.
VII
I:
2416561
VILLAGE OF BUFFALO GROVE
BY:-
n of its Attorneys
ENTER: a lli
14
JUDGE: ^ ROUlt putt -1 744
STATE OF ILLINOIS }
}
COUNTIES OF COOK AND LAKE }
I, LISA LEONTEOS, do hereby certify that I am the duly appointed Deputy
Village Clerk of the Village of Wheeling, Cook and Lake Illinois.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entrieg, resolutions, ordinances and documents of the said Village of Wheeling.
I DO FURTHER CERTIFY that the annexed and foregoing document
Resolution 09 -128
is a true and correct copy of the document presented to the President and Board of
Trustees of the Village of Wheeling.
I DO FURTHER CERTIFY That the original document, of which the foregoing
is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Wheeling, this 1st day of October 2009.
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Deputy Village Clerk
Village of Wheeling
Cook and Lake Counties, IL.
RESOLUTION 09- l ;Z-S
RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK
TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE
REGARDING SETTLEMENT OF LITIGATION BETWEEN THE VILLAGE OF
WHEELING AND THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Wheeling is a home rule unit of government pursuant to the
Illinois Constitution of 1970; and
WHEREAS, on April 4, 1994, the Village entered into a contract with the Village of
Buffalo Grove ( "Buffalo Grove ") and several other entities concerning the development and
construction of the Buffalo Grove - Wheeling Bike Path; and
WHEREAS, the Village filed a complaint against Buffalo Grove in the Circuit Court of
Cook County, Village of Wheeling v. Village of Buffalo Grove., Case No. 07 L 13895, involving
Buffalo Grove's breach of contract related to the Bike Path; and
WHEREAS, Buffalo Grove has agreed to settle this lawsuit with the Village in exchange
for the payment of $40,000.00 and the Village's execution of the attached Settlement Agreement
and Mutual Release; and
WHEREAS, pursuant to the terms and conditions of the Release and Assignment, in
exchange for the receipt of the settlement amount of $40,000.00, the Village agrees to dismiss its
lawsuit against Buffalo Grove with prejudice; and
NOW THEREFORE, be it resolved by the President and Board of Trustees of the
Village of Wheeling, Lake and Cook Counties, Illinois:
The settlement agreement between the Village and Buffalo Grove is hereby ratified and
approved in which the Village shall receive $40,000.00 from Buffalo Grove in exchange for the
dismissal of the Village's complaint against Buffalo Grove. The Village President and Village
2409721
Clerk are hereby authorized to execute the SETTLEMENT AGREEMENT AND MUTUAL
RELEASE attached hereto as Exhibit A.
Trustee moved, seconded by Trustee F'kC'CZ
that Resolution No. 09 - be adopted.
President J. Abruscato
Trustee D. Argiris
Trustee K. Brady
Trustee R. Heer
Trustee P. Horcher
Trustee R. Lang
Trustee D. Vogel
Adopted this 29th day of September, 2009 by the President and Board of Trustees of the
Village of Wheeling, Illinois, pursuant to a roll call vote as set forth above.
Approved by me this 29th day of September, 2009.
ATTEST:
Elaine impson
Vil4wlerk
240972_1
G
J Abrusc to
Village President
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SEAL
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (hereinafter "Agreement ") is made and
entered into as of the day of SQ ,, �,�, 2009 ( "Execution Date "), by and between
VILLAGE OF WHEELING, an Illinois Municipal Corporation (hereinafter "Wheeling ") and
VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation (hereinafter "Buffalo
Grove ")
RECITALS
WHEREAS, Wheeling and Buffalo Grove desire to fully settle and compromise all
matters between themselves relating to the lawsuit known as Village of Wheeling v. Village of
Buffalo Grove, Court No. 2007 L 13895, including but not limited to all matters raised or which
could be raised in any counter -claim or cross - complaint in connection with the lawsuit, currently
pending in the Circuit Court of Cook County ( "Lawsuit ")
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and
agreements hereinafter contained, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is hereby agreed:
1. The parties agree to settle all pending and potential claims related to the Lawsuit.
2. Buffalo Grove shall pay to Wheeling the amount of Forty - Thousand Dollars /00
($40,000).
3. That Wheeling acknowledges that it has not received a waiver from the Illinois
Department of Transportation for the repayment of any grant money given by the Illinois
Department of Transportation to the Village of Wheeling for the construction of a bike path
described in the Complaint for the Lawsuit.
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4. Upon receipt of this Agreement executed by Wheeling and Buffalo Grove and
payment of the Forty Thousand Dollars /00 ($40,000) by Buffalo Grove to Wheeling, the parties
shall immediately petition the Court for dismissal of the above - captioned lawsuit with prejudice
and without costs.
5. Except for the obligations set forth in this Agreement, Wheeling and its
respective officials, officers, directors, employees, agents, attorneys, representatives,
predecessors, successors, executors, administrators and assigns do hereby release, hold
harmless, remise, acquit and forever discharge Buffalo Grove and its and its respective officials,
officers, directors, employees, agents, attorneys, representatives, predecessors, successors,
executors, administrators and assigns, from any and all claims, demands, damages, costs,
expenses, obligations, liabilities, causes, actions, causes of action, suits, debts, accounts,
reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances,
trespasses, judgments and executions whatsoever, in law or in equity, of any nature or kind
whatsoever, whether known or unknown, related to the Lawsuit or the Bike Path Agreement.
Included in the above release, Wheeling agrees to release and hold harmless any and all claims
against Buffalo Grove regarding the allegations made by Wheeling in the above mentioned
Lawsuit or the Bike Path Agreement, including but not limited to any breach of contract, any
release of parties from the contract, any breach of contract by any other party to the contract,
and any claims the Illinois Department of Transportation may make against Wheeling regarding
the bike path grant money, or any other subjects of the Lawsuit from the beginning of time until
the Execution Date.
6. Except for the obligations set forth in this Agreement, Buffalo Grove and its
respective officials, officers, directors, employees, agents, attorneys, representatives,
241086_1 2
predecessors, successors, executors, administrators and assigns do hereby release, hold
harmless, remise, acquit and forever discharge Wheeling and its and its respective officials,
officers, directors, employees, agents, attorneys, representatives, predecessors, successors,
executors, administrators and assigns, from any and all claims, demands, damages, costs,
expenses, obligations, liabilities, causes, actions, causes of action, suits, debts, accounts,
reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances,
trespasses, judgments and executions whatsoever, in law or in equity, of any nature or kind
whatsoever, whether known or unknown, related to the Lawsuit or the Bike Path Agreement.
Included in the above release, Buffalo Grove agrees to release and hold harmless any and all
claims against Wheeling regarding the allegations made by Wheeling in the above mentioned
Lawsuit or arising out of the Bike Path Agreement, including but not limited to any breach of
contract, any release of parties from the contract, any breach of contract by any other party to
the contract, or any other subjects of the Lawsuit from the beginning of time until the Execution
Date.
7. This Agreement is a compromise of disputed claims and does not constitute an
admission of any liability on the part of either Wheeling or Buffalo Grove ( "Parties ")
8. Wheeling has not assigned any claims it has or may have against the Buffalo
Grove to the Illinois Department of Transportation or any other state agency, in relation to the
Lawsuit or the Bike Path Agreement.
9. The Parties further agree that this Agreement represents and contains the entire
agreement and understanding between them relative to the subject matter hereof, and supersedes
and extinguishes all prior or contemporaneous oral or written understandings (whether express
or implied), statements, representations or promises.
2410861 3
i
10. The Parties acknowledge that they have read this Agreement and have been fully
advised as to the legal effect of this Agreement, and that they have freely, willingly and
voluntarily entered into this Agreement. The Parties also warrant that they have authority to
enter into this Agreement, and that the claims, debts, causes of action and obligations released
herein have not been assigned or sold to any other person or entity.
11. The Parties further agree that, in the event of any material breach of this
Agreement, the party aggrieved shall be entitled to seek to recover from the party who breaches
such damages as have been suffered, including costs, expenses and reasonable attorneys' fees.
12. All notices, requests, demands and other communications hereunder shall be in
writing, and shall be deemed to have been given when delivered in person or 3 days after
mailing by First Class mail (postage prepaid), or delivered by reliable overnight delivery
service, providing a receipt evidencing delivery, or by facsimile with a copy also delivered by
any of the foregoing means:
If to Wheeling, to:
Mark Rooney
Village Manager
Village of Wheeling
2 Community Blvd
Wheeling, IL 60090
Fax: 847.459.2656
with a copy to:
James V. Ferolo, Esq.
Klein, Thorpe & Jenkins, Ltd.
20 N. Wacker Drive
Suite 1660
Chicago, IL 60606 -2903
Fax 312.984.6451
241086_1 4
If to Buffalo Grove, to:
William Brimm
Village Manager
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089 -2199
Fax: 847.459.7906
with a copy to:
William G. Raysa, Esq.
Raysa & Zimmermann LLC
22 S. Washington Ave.
Park Ridge, IL 60068
Fax 847.268.8614
i i
or at such other address as hereafter shall be furnished by a notice sent in like manner by such
addressee to the others.
13. Each provision of this Agreement detailed above shall be interpreted in such a
manner as to be effective and valid under the applicable laws the United States of America and
the State of Illinois, without regard to conflict of law provisions, but in the event any such
provision of this Agreement shall be deemed by a Court of law to affect the validity, legality or
enforcement of this Agreement, the provision shall be treated as if it did not appear in this
Agreement and all remaining terms and provisions of this Agreement shall subsist and be fully
effective according to the tenure of this instrument as if the offending provision had never been
included herein. The parties hereby consent to the personal and exclusive jurisdiction and
venue of Circuit Court of Cook County, Law Division in all disputes arising under this
Agreement and hereby waive any jurisdictional, venue or inconvenient forum objections to such
courts.
14. This Agreement may be executed in any number of identical counterparts, and
each such copy shall be treated as an original document.
15. Facsimile signatures shall be sufficient for purposes of executing, negotiating
and finalizing this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day • .�.� • ... • 119
VILLAGE OF WHEELING
B ca-*
e Presi ent
241086_1 5
VILLAGE OF BUFFALO GROVE
By
Village President
Attest:
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�Q Village Clerk
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241086_1
Attest:
Village Clerk